Chapter 25.45 - HISTORIC PRESERVATION
Sections:
25.45.002 Intent and purpose.
25.45.004 General provisions.
25.45.006 Historic register preservation incentives.
25.45.008 Procedures for the alteration of historic register structures.
25.45.010 Procedures for demolition.
25.45.012 Unsafe or dangerous conditions.
25.45.014 Illegal demolition Penalty for violations.
25.45.002 Intent and purpose
25.45.004 Definitions
25.45.006 General provisions
25.45.008 Properties listed on the Historic Register
25.45.010 Procedures for the alteration of properties on the historic register.
25.45.012 Structure of merit recognition procedures.
25.45.014 Procedures for re-evaluation of properties on the Historic Inventory.
25.45.016 Procedures for the alteration of historic inventory properties.
25.45.018 Procedures for demolition for historic resources.
25.45.020 Proposed demolition, relocation, or substantial alteration of a potential
historic resource which is forty-five years old or older.
25.45.022 Historic register and structure of merit preservation incentives.
25.45.024 Historic property disclosure.
25.45.026 Unsafe or dangerous conditions.
25.45.030 Property owned by public agencies.
25.45.032 Property maintenance required.
25.45.034 Illegal demolition—penalty for violations.
25.45.002 Intent and purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare by
providing for the identification, protection, enhancement, perpetuation, and use of
improvements, buildings and their settings, structures, objects, monuments, sites, places, and
areas within the city that reflect special elements of the city’s architectural, artistic, cultural,
engineering, aesthetic, historical, political, social, and other heritage to achieve the following
objectives:
(A)
Safeguard the heritage of the city by providing for the protection of historic
resources representing significant elements of its history;
(B)
Enhance the visual character of the city by encouraging the preservation of those
buildings which make a significant contribution to the older neighborhoods of the city
particularly to the designated historic register structures reflecting unique and established
architectural traditions;
(C)
Foster public appreciation of and civic pride in the beauty of the city and the
accomplishments of its past;
(D)
Strengthen the economy of the city by protecting and enhancing the city’s
attractions to residents, tourists and visitors;
(E)
Promote the private and public use of historic resources for the education,
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prosperity and general welfare of the people;
(F)
Stabilize and improve property values within the city. (Ord. 1458 § 1, 2006; Ord.
1179 § 5, 1989).
25.45.004
Definitions
As used in this Chapter, the following words and phrases shall have the meaning set forth below,
unless it is apparent from the context that a different meaning is intended.
Addition: Any expansion or increase in floor area or height of a building or structure.
Alteration: Any physical modification or change to a building, structure, site, or object.
Applicant: Any individual, firm, limited liability company, association, partnership, political
subdivision, government agency, municipality, industry, public or private corporation, or any
other entity whatsoever who applies to the city for the applicable permits for “covered projects”
to undertake any construction, demolition, renovation, or rehabilitation project within the city.
Archaeological Site: An area where remains of man or man's activities prior to keeping of
history are still evident.
Association: The direct and established link of a property with an important historic event(s) or
persons; distinguishable design, engineering, or construction feature; or the ability or potential
ability to yield important information about prehistory or history.
Building: A structure that is created principally to house any form of human activity, such as a
house, barn, church, hotel, or similar construction, including accessory structures, such as
guesthouses, detached garages and sheds. "Building" may also be used to refer to a historically
and functionally related unit, such as a courthouse and jail, or a house and barn.
California Environmental Quality Act (CEQA): Collectively, Public Resources Code section
21000 et seq. and the State of California CEQA Guidelines, California Code of Regulations, title
14, section 15000 et seq., as either may be amended.
California Register of Historical Resources (or California Register): The authoritative and
comprehensive listing and guide to California's significant historical resources as defined in
California Public Resources Code section 5020.1, as may be amended.
Character-Defining Feature: A prominent or distinctive aspect, quality, detail, or characteristic
of a historic resource that contributes significantly to its physical character and historical
significance. Such features may include, but are not limited to, landscaping, setbacks, massing,
distinguishing aspects, roof attributes, architectural details, siting, materials, moldings,
sculptures, fountains, light fixtures, windows, doors and monuments.
City of Laguna Beach Historic Register (or City Register): A register containing those
properties and geographical areas formally designated by the City as landmarks or historic
districts pursuant to the provisions of this chapter. The City Register may also include
contributing properties within historic districts. The current list of properties contained in the
City Register will be kept on file at the City Clerk’s office. Also refer to section 25.45.006(A).
Contributing Property: A property, including all buildings, structures, objects and character
defining features located on it that adds or contributes to the significance of a historic district
under criteria set forth in this chapter.
Contributive (C) Property: A City of Laguna Beach defined classification rating term meaning
properties that contribute to the overall character and history of the neighborhood, though they
are not unique in and of themselves. The great preponderance of these properties contribute
greatly to the historic and visual fabric of Laguna Beach and are important in a more general
historical architectural context. These properties are assigned an OHP status code of 6 or lower.
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Cultural Landscape: A geographic area, including both cultural and natural resources
associated with a historic event, activity, or person or exhibiting other cultural or aesthetic
values.
Demolition or Demolish: Any act or process that destroys in part or in whole an individual
historic resource such that the historic character and character defining features of the property
are completely removed and cannot be repaired or replaced. The terms demolition or demolish
shall include, but are not limited to, the act of decimating, razing, ruining, tearing down or
wrecking any facility, structure, pavement or building, whether whole or in part, whether interior
or exterior.
Director: The City's Director of Community Development, or her/his designee.
Economic Hardship: Facts and circumstances that establish there are no feasible measures that
can be taken which will enable the property owner to make a reasonable beneficial use of the
property or derive a reasonable economic return from the property in its current form.
Evaluation: An intensive level historic survey to determine the historical significance of a
property. An evaluation consists of completed California Department of Parks and Recreation
(DPR) 523 series survey forms, including 1) Primary Record (DPR523A); 2) Building, Structure,
Object Record (DPR523B); and any additional DPR523 survey forms appropriate for
documentation of the subject property.
Exceptional (E) Property: A City of Laguna Beach defined classification rating term meaning
properties that are outstanding historical architectural examples. Most have been recommended
eligible for the National Register of Historic Places and those which were not may be considered
for national register status in the future. Properties in this category are usually in excellent
architectural condition and are typically unique or excellent historical and/or historical
architectural examples and contain an OHP status code of 1-5.
Exterior Features: The architectural style, design, general arrangement, components and natural
features or all of the outer surfaces of an improvement, including, but not limited to, the kind,
color, and texture of the building material, the type and style of all windows, doors lights, signs,
walls, fences and other fixtures appurtenant to such improvement, and the natural form and
appearance of, but not by way of limitation, any grade, rock, body of water, stream, tree, plant,
shrub, road, path, walkway, plaza, sculpture or other form of natural or artificial landscaping.
Heritage Committee: The heritage committee, as established by city council, will serve an
advisory role on matters pertaining to historic preservation as specified within this chapter. The
heritage committee shall have and exercise the powers and perform the duties set forth in this
chapter with respect to historic preservation. The committee shall be composed of seven
members appointed by the city council, all of whom shall be residents of the city. The committee
members shall have a demonstrated interest in, competence in, experience or knowledge of
historic preservation.
Historic Context: The identification of historical patterns, themes, and property types through
the study and consideration of the history of a property and its surrounding area.
Historic District: A geographic area having a significant concentration, linkage, or continuity of
sites, buildings, structures, objects, or character defining features united historically or
aesthetically by plan or physical development that has been designated pursuant to this chapter.
Historic Property. A property determined to be a historic resource under CEQA, NEPA, section
106 of the National Historic Preservation Act of 1966, as may be amended; or any other
provision of California law; or a property listed, nominated, or eligible for listing in the local
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register, including landmarks, historic districts and contributing properties. Also includes historic
resources
Historic Resources Inventory (or City Inventory): A list maintained by the City of all the
properties surveyed as part of a historic resource survey. The current list of properties contained
in the City Inventory will be kept on file at the City Clerk’s office. Also refer to section
25.45.006(B).
Historic Resources Survey (or Survey): A systematic and standardized process for identifying
and gathering data on the city's potential historic resources for the purpose of evaluating
properties per local, state, and/or federal significance criteria. Surveyed properties are
documented and evaluated for inclusion on the local inventory and potential eligibility for listing
on the city's register, the California register, or the national register. A historic resources survey
should be completed by a qualified historic preservation consultant pursuant to this chapter.
Improvement: Any building, structure, fence, gate, wall, landscaping, planted tree, work of art,
or other man-made physical feature of real property, or any part of such feature that is not a
natural feature.
In-kind Replacement: To match the previous in material, design, color and texture when
sufficient information is known about the original to be replaced. Refer to the Secretary of the
Interior’s Standards for Historic Properties for more specific information on in-kind replacement
as applies to the appropriate level of treatment (i.e. preservation, rehabilitation, restoration, or
reconstruction). If sufficient information is not known about the original to be replaced, in-kind
replacement is not possible.
Integrity: The ability of a landmark or contributing property to convey its historical significance,
with consideration of the following seven aspects that constitute integrity: location, design,
setting, materials, workmanship, feeling, and association. May also be referred to as historical
integrity.
Key (K) Property: A City of Laguna Beach defined classification rating term meaning
properties that are very good historical architectural examples which strongly retain their original
integrity. These buildings have significant architectural, historical, and/or aesthetic value and are
fine period examples and contain an OHP status code of 1-5.
Landmark: Any property, including any building, structure, object, place, landscape, or natural
feature located in it that is listed on the City’s Historic Register as approved by the heritage
committee pursuant to this article.
Mills Act: California Government Code section 50280 et seq., as may be amended.
National Register of Historic Places: The official list of districts, sites, buildings, structures,
and objects significant in American history, architecture, archaeology, and/or culture which is
maintained by the secretary of the interior under the authority of the Historic Sites Act of 1935
and the National Historic Preservation Act of 1966, as amended (16 USC 470 et seq., 36 CFR
sections 60, 63).
Natural Feature: Any naturally occurring tree, plant, plant community or geographical or
geological site or feature.
Nominated Property: A property that has been nominated for listing on the City Register.
Non-Contributing Property: A property within a historic district that is not a "contributing
property." A property within a historic district that does not provide appropriate historic context,
historic architecture, historic association, or historic value, or is not capable of yielding important
information and the period, due to lack of sufficient historical integrity and/or is outside of the
area’s period of significance. May also be referred to as a “non-contributor.”
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Object: The term "object" is used to distinguish from buildings and structures those constructs
that are primarily artistic in nature or are relatively small in scale and of simple construction.
Although it may be, by nature or design, movable, an object is associated with a specific setting
or environment. Fountains and sculpture are examples of objects.
OHP: The California Office of Historic Preservation.
Owner: Any person(s), association, partnership, firm, corporation, or public entity identified as
the holder of title on any property. For purposes of this article, the term owner shall also refer to
an appointed representative of an association, partnership, firm, corporation, or public entity that
is a recorded owner. Absent contrary evidence, the owner shown on the latest assessment roll of
the County of Orange shall be presumed to be the owner.
Period of Significance: The span of time that a property or geographic area was associated with
important events, activities, or persons, or attained the character defining features that qualify it
for designation as a landmark or historic district.
Preservation: The act or process of applying measures necessary to sustain the existing form,
integrity and/or materials of a historic resource.
Property: The entirety of a site, including the buildings, structures, landscaping, objects and
other physical aspects of the location, regardless of historic designation.
Qualified Historic Preservation Consultant: A consultant that meets the secretary of the
interior's professional qualifications standards, as defined in 36 CFR 61, or its successor.
Reconstruction: The act or process of reproducing by new construction the exact form and
detail of a building, structure, object, landscape, or a part thereof, as it appeared at a specified
period of time prior to alteration or demolition.
Rehabilitation: Any act or process of making a compatible use for a property through repair,
alterations, and additions while preserving those portions or character defining features which
convey its historical, cultural, or architectural values.
Relocation: The act or process of moving all or part of a historic resource from one site to
another site, or to a different location on the same site.
Restoration: The act or process of accurately refurbishing the form and details of a property and
its setting as it appeared at a particular period of time by means of the removal of later work or
by the replacement of missing earlier work.
Secretary of the Interior’s Standards (or SOI Standards): The "Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings" found at 36 CFR 68.3, as may
be amended.
Significant Persons: Refers to individuals associated with Laguna Beach, in the past, whose
activities, achievements, and contributions are demonstrably important within the city, state, or
nation and directly associated with a property. The property must be associated with the person
during the period that the person's significant achievements and contributions occurred. A person
would not be considered historically significant by virtue of position/title, affiliation, race,
gender, ethnicity, or religion.
Site: The location of a significant event, a prehistoric or historic occupation or activity, or a
building, structure, or object, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archaeological value regardless of the value of any existing
construction.
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Stabilization: The act or process of applying measures designed to reestablish a weather
resistant enclosure or the structural stability of an unsafe or deteriorated property while
maintaining the essential form as it exists at present.
Structure: Both buildings and other generally functional constructions made for purposes other
than housing human activity, such as reservoirs and retaining walls.
Structure of Merit: Any property deserving official recognition which contributes to the
broader understanding of the historical, archaeological, cultural, architectural, community,
aesthetic or artistic heritage of the city and retains sufficient integrity as required under the
provisions of this chapter. A structure of merit is not a designated property listed on the city’s
historic register.
Substantial Alteration: Any destruction, relocation, or alteration activities that would materially
change a historic resource's character-defining features or impair its historical significance.
25.45.00604 General provisions.
(A)
Laguna Beach Historic Register The city clerk shall maintain a current record of historic
structures on the city’s historic register. Structures identified on the historic resources inventory
(which was officially recognized per Resolution 82.111) and those structures identified as
heritage structures in the South Laguna Specific Plan shall be referred to as the historic inventory
and are eligible to apply for placement on the city’s historic register. Structures on the historic
resources inventory which are placed on the historic register are classified into three categories
of historical significance, “E” Exceptional, “K” Key and “C” Contributive. For a complete
description of these categories see the city’s historic resources element.
The purpose of the Laguna Beach Historic Register is to provide a means to preserve, protect
and enhance the most significant historic resources within the community, including buildings,
structures, sites, objects, historic districts and landscape features. All subsequent identified
potentially eligible resources shall be added to the historic register pursuant to the procedures
established in this chapter. Properties listed on the historic register may be identified on-site with
an exterior marker or plaque displaying pertinent information about the property. A record of
properties on the historic register shall be kept by the city, and shall be provided to the
appropriate regional information center of the state office of historic preservation and other
agencies as required. The original Laguna Beach historic register and any subsequent
amendments, inclusions, or deletions thereto shall also be on file with the city clerk. Refer to the
definition of Historic Register for additional information.
(B)
Laguna Beach Historic Resources Inventory. In order to help carry out the goals and
policies of the city’s general plan, and in particular, to further the purposes of this chapter, an
inventory of potentially historical and/or architecturally significant Properties shall be
maintained. This inventory shall be designated as the Laguna Beach historic resources inventory.
The director or his or her designee, shall maintain the Laguna Beach historic resources inventory
of eligible historic resources and all properties within areas identified to be eligible historic
districts within the city, and shall periodically review, amend, and update the inventory. The
original Laguna Beach historic resources inventory (which was officially recognized per
resolution 82.111 and 2015.xx) and any subsequent amendments, inclusions, or deletions thereto
shall be on file with the city clerk. Resources listed on the city’s historic resources inventory, or
individually assessed and identified as potentially eligible, are eligible for listing to the city’s
historic register. The historic resources inventory shall serve as a resource document that can be
used as a foundation for future designation of historic landmarks and/or districts, as a long-range
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planning tool, in reviewing and evaluating proposed alterations, and the removal of structures
and proposed development on sites identified therein. Properties included in the city’s historic
resources inventory may be re-evaluated for historical significance at any time at the request of
the property owner. A current historic assessment may be required for re-evaluation. Refer to
the definition of Historic Resources Inventory for additional information.
(C)
California Environmental Quality Act (CEQA). Structures listed on the city’s h istoric
register or the historic resources inventory that have a California OHP Historical Resource
Status Code of 1 to 5 and homes more than forty-five (45) years old with exceptional
significance shall be considered “historical resources” and shall be subject to the provisions of
CEQA.
(D)
Design Review Approval. The building official shall not issue a permit for construction,
exterior A building permit shall not be issued for any exterior alteration or enlargement of a
building or structure listed on the city’s historic register without receiving design review
approval during a public hearing. Interior modifications and minor exterior alterations shall be
exempt as noted in Section 25.05.040(B)(2)(b) and (c) (design review). The building official
shall not issue a permit for demolition of a building or structure listed on the city’s historic
inventory or register until the procedures for demolition listed in Section 25.45.010 of this
chapter have been completed. A building permit shall not be issued for the demolition of a
building or structure listed on the city’s historic inventory or register and that has a California
historical resources status code of 1 to 5 by the California department of parks and recreation’s
(DPR) office of historic preservation (OHP) until compliance with the procedures for demolition
listed in Section 25.45.018 has been accomplished.
(E)
Heritage Committee. The heritage committee, as established by city council, will serve
an advisory role on matters pertaining to historic preservation as specified within this chapter.
The heritage committee, as established by city council, will serve an advisory role on matters
pertaining to historic preservation as specified within this chapter. The heritage committee shall
have and exercise the powers and perform the duties set forth in this chapter with respect to
historic preservation. The committee shall be composed of seven members appointed by the city
council, all of whom shall be residents of the city. The committee members shall have a
demonstrated interest in, competence in, experience or knowledge of historic preservation.
(F)
Administrative Guidelines. The director, or his/her designee, shall be authorized to
develop and make publically available guidelines for the identification, designation and
preservation of historic resources and other support documents as necessary or desirable to
implement this chapter.
(D)
Designation Procedures.
(1)
Structures identified on the historic inventory shall be placed on the historic register upon
submittal of a completed application to the city clerk and recordation of a written agreement
between the city and the property owner, acknowledging the owner’s obligations and
responsibilities to ensure preservation of the historic character of the structure. Applications shall
contain information on remodels or exterior alterations made after official recognition of the
historic resources inventory (December 21, 1982) or the South Laguna Specific Plan (September
1983), whichever is applicable. There shall be no filing fee for application to the historic register.
Only the property owner may apply for placement on the historic register.
(2)
If a structure is not on the historic inventory, but the owner desires inclusion of the
structure on the historic register, application shall be made to the heritage committee. Any
structure considered for placement on the historic register must be at least fifty years old and the
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following criteria shall be used in consideration:
(a)
Structures that most retain their original appearance and architectural integrity using the
rating system of “E,” “K” and “C” as described in the historic resources element of the general
plan;
(b)
Structures that most represent character, interest or value as part of the heritage of the
city;
(c)
The location as a site of significant historic event;
(d)
The identification with a person or persons or groups who significantly contributed to the
culture and development of the city;
(e)
The exemplification of a particular architectural style or way of life important to the city;
(f)
The embodiment of elements of outstanding attention to architectural design, detail,
materials or craftsmanship.
(3)
In its consideration of placement on the register, the heritage committee may request
information and plans on any future planned changes to the structure. Placement on the register
shall be recommended by the heritage committee and finalized by the heritage committee staff
liaison. There shall be no filing fee for register consideration.
(EG) Removal from the Historic Register. Removal from the register can be initiated by the
property owner or by the city and shall be subject to city council approval with recommendation
from the heritage committee.
(FH) Repayment or Restoration of Benefits/Incentives. The decision to remove a structure from
the historic register shall be considered at a public hearing by the city council and shall take into
consideration repayment or restoration of any utilized benefits/incentives as set forth in Section
25.45.006 of this chapter when (a) the property owner or the city initiates a request to remove the
structure from the historic register; or (b) anytime unauthorized modifications to the historic
structure are made including demolition and partial demolition of an historic structure.
Additional penalties for unauthorized demolition are also specified in Section 25.45.03414 of
this chapter. Filing fees for removal of a structure from the register shall be determined by
resolution by the city council. (Ord. 1458 § 1, 2006; Ord. 1179 § 5, 1989).
(I) City List of Pre-Approved Professional Consultants. The City shall maintain a list of Statecertified, qualified professionals capable of performing surveys, evaluating projects for
consistency with the Secretary’s Standards, assisting staff and the Historic Resources Board with
the preparation of determinations of consistency, evaluating the impact of projects on historic
resources and developing mitigation measures, evaluating compliance with the State Historic
Building Code, and preparing Historic Context Statement updates.
(J) Work to Be Done Under City Contract. The work of the qualified professionals shall be
conducted under contract to the City. If the need for the work is the result of an application, the
work shall be performed at the applicant’s expense.
25.45.008
Properties listed on the Historic Register
(A)
Purpose and Intent. The purpose of this section is to provide a method for determining
whether a property shall be included on the city’s historic register.
(B)
Application.
(1)
An application for placement on the historic register shall be made to the heritage
committee with a final approval made by the city council.
(2)
Recordation of a written agreement between the city and the property owner,
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acknowledging the owner’s obligations and responsibilities to ensure preservation of the historic
character of the structure shall be filed after the property is designated.
(3)
The property owner shall complete the application for the proposed designation on a form
provided by the department, include all information required and file the application with the
department.
(4)
In its consideration of placement on the register, the heritage committee and/or city
council may request additional information and plans on any future planned changes to the
structure. Placement on the register shall be made by a recommendation of the heritage
committee to the city council. There shall be no filing fee for placement on the register.
(5)
The city clerk will keep an accurate up to date list of the properties listed on the city
historic register.
(C)
Criteria for Historic Register Listing. Properties eligible for the city’s historic register
shall have been found to have historical, cultural, or architectural significance for the general
public. Properties identified on the city’s historic resources inventory, or those that have been
individually assessed for historical significance and identified as potentially eligible for the city’s
historic register, and which have a California OHP historical resource status code of 1 to 5 may
be placed on the city’s historic register if it is at least forty-five (45) years old, or less than fortyfive (45) years old with exceptional significance; or possesses substantial integrity; and meets
one or more of the following criteria:
(1)
It exemplifies or reflects special aspects, character, interest or value as part of the heritage
of the city;
(2)
It is the location of significant or important historic event;
(3)
It is identified with a person or persons or groups who significantly contributed to the
cultural, artistic, or other important developmental aspects of the city, region, state, or nation;
(4)
It exemplifies a particular architectural style, type, period, method of construction or way
of life important to the city;
(5)
It embodies distinguishing elements of outstanding attention to architectural design,
detail, materials or craftsmanship;
(6)
It represents the work of a notable builder, designer, architect, or artist;
(7)
It has a unique location, a singular physical characteristic, or is an established and
familiar visual feature of a neighborhood, community, or the city;
(8)
It is one of the few remaining examples in the city, region, state, or nation possessing
distinguishing characteristics of an architectural or historical type or specimen;
(9)
It is a noteworthy example of the use of indigenous materials or craftsmanship.
(D)
Findings of the Heritage Committee. Upon review of the application and any supporting
material, the heritage committee shall adopt findings that the nominated property does or does
not meet the criteria for listing on the city’s historic register contained in this chapter. The
findings of the heritage committee shall contain the following information:
(1)
Explanation of the significance or lack of significance of the property under
consideration;
(2)
Explanation of the integrity or lack of integrity of the property under consideration;
(3)
Identification of the important character-defining exterior architectural features of the
property under consideration;
(4)
The types of construction, alteration, demolition and removal that should be reviewed for
appropriateness pursuant to this chapter;
(E)
Automatic listing. Any property listed in the national register of historic places or the
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California register of historic resources will automatically be eligible to be listed on the city’s
historic register. An application can be made by the property owner to the director of
community development.
25.45.01008 Procedures for the alteration of historic register structures.
(A)
Prior to the issuance of a building permit to remodel or alter any historic register structure
(with the exception of minor exterior modifications), the design review board shall review the
proposed changes in accordance with Chapter 25.05 of this title and find the proposal consistent
with the following applicable rehabilitation guidelines. Interior changes shall not be reviewed
unless the changes involve interior elements which are integral to the historical building design.
Prior to design review board review of alterations to any historic register structures, the heritage
committee shall provide a recommendation on the proposed change(s). A structural and
historical assessment of the structure to determine if proposed alterations can be accomplished
without removing the identified historic character defining features of the structure shall be
submitted for heritage committee and design review board consideration. Plans shall be
submitted for the alteration of historic structures clearly identifying the actual historic character
defining fabric (elements such as siding, windows, doors, moldings, etc.) of the structure that
will be retained and/or removed.
(B)
Rehabilitation Guidelines. The following guidelines shall be used to evaluate any
proposed alteration to structures on the historic register:
(1)
When altering or adding to historically significant structures listed on the register, the
historic character of the original structure shall be retained. Any changes shall be guided by the
policies of the city’s historic resources element and specific plans where applicable.
(2)
Alterations and additions to any historically significant or architecturally significant
buildingsturcture on the historic register shall not introduce some new or conflicting elements
and shall complement the prevailing architecture.
(3)
Every reasonable effort shall be made to provide a compatible use for the property which
requires minimal alteration to the building.
(4)
The removal or alteration of any historic material or distinctive architectural features
shall be avoided.
(5)
Changes which may have occurred over time are evidence of the history and
development of the building. These changes may have acquired significance in their own right
and shall be preserved except where such changes have occurred inappropriately.
(6)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure, or site shall be preserved.
(7)
Deteriorated architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material shall be the same material as
the original if at all possible, or shall match in composition, design, color, texture, and other
visual qualities. Repair or replacement of missing architectural features shall be based on
accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather
than on conjectural designs or the availability of different architectural elements from other
buildings or structures.
(8)
Surface cleaning of historic register structures shall be conducted carefully and gently.
Sandblasting and other cleaning methods that damage historic materials shall not be utilized.
(9)
Contemporary design for alteration and additions to existing properties shall not be
discouraged when such alterations and additions do not destroy significant historical,
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architectural or cultural materials, and such design is compatible with the size, scale, color,
material, and character of the property, neighborhood or environment.
(10) Wherever possible, new additions or alterations to structures shall be done in such a
manner that if such additions or alterations were to be removed in the future, the essential form
and integrity of the structure will be unimpaired.
(C)
Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction
meeting shall occur and shall consist of the property owner, contractor, inspector assigned to
inspect the structure, a city staff member and/or heritage committee member and the project
architect or designer. This meeting will be used to convey the obligations and responsibilities of
the property owner and his or her contractors and architects in protecting and avoiding
destruction of the identified historic fabric that is to be retained. (Ord. 1458 § 1, 2006; Ord. 1309
§ 3, 1995; Ord. 1179 § 5, 1989).
25.45.012
Structure of merit recognition procedures.
(A)
Purpose and Intent. In order to encourage and recognize the protection, enhancement,
perpetuation, and use of structures that are not officially listed on or eligible for listing on the
city’s historic register, the heritage committee may recognize such properties, including those
properties assigned a California OHP Historical Resource Status Code of 6L or lower and as
recorded on a completed DPR523 form, if it determines that the property is deserving of official
recognition as having historic, architectural, archaeological, cultural, or aesthetic value. The
recognition does not provide the level of recognition or incentives for the property such is gained
by listing on the city’s historic register. Recognition of structure of merit does not add any
additional regulations regarding any alterations to the structure. Review and approval for the
demolition, moving, or removal of all buildings over forty-five (45) years old are processed
pursuant to the provisions of this chapter.
(B)
Application. Proceedings to recognize a property as a structure of merit shall be initiated
by the property owner. There shall be no fee for filing a structure of merit application.
(C)
Heritage Committee Action. The heritage committee may approve any property
deserving recognition as a structure of merit that has not been listed or is eligible for listing on
the city’s historic register by a vote of the majority of the committee in compliance with the
criteria identified in subsection D of this section (criteria for recognizing a structure of merit). In
its consideration of a property as a structure of merit, the heritage committee may request
additional information and plans on any future planned changes to the property. Recognition of a
property as a structure of merit shall be approved by the heritage committee and finalized with
the heritage committee liaison.
(D)
Criteria for Recognition as a Structure of Merit. The heritage committee may recommend
designation of any structure not listed on the city’s historic register as a structure of merit if it
determines that it is deserving of special recognition as having historic, architectural,
archaeological, cultural, or aesthetic value based on the following criteria:
(1)
Is forty-five years of age or older; and
(2)
Has a unique location or singular physical characteristic(s) or represents in its location
an established and familiar visual feature of the neighborhood, community, or city; or
(3)
Materially (physically) benefits the historic, architectural, or aesthetic character
of the neighborhood, community, or area; or
(4)
Is an example of a type of property that was once common but it now rare in its
neighborhood, community, or area; or
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(5)
Is connected with a business or use that was once common but is now rare; or
(6)
Contributes to an understanding of the contextual significance of a neighborhood,
community, or area;
(7)
Has yielded or may likely yield, information important in history or prehistory; or
(8)
A property that no longer exhibits the high degree of integrity necessary for listing on the
city’s historic register, yet still retains sufficient integrity to convey its historic, architectural,
archaeological, cultural, or aesthetic value as a structure of merit.
(E)
Removal from Structures of Merit List. Removal from the structures of merit list can be
initiated by the property owner or the city and shall be subject to heritage committee approval.
Removal from the structures of merit list shall be the same procedure used to recognize those
properties as such, as set forth in this chapter.
(F)
Repayment or Restoration of Benefits/Incentives. Repayment and/or restoration
implications of any utilized benefits/incentives as set forth in Section 25.45.xx shall be taken into
consideration when (a) the property owner or the City initiates a request to delisting the property
as a recognized Structure of Merit; or (b) anytime unauthorized modifications to the property are
made including demolition and partial demolition of the structure. Filing fees for removal or
delisting of a property as a structure of merit shall be determined by resolution by the city
council.
25.45.014
Procedures for re-evaluation of properties on the Historic Inventory.
The City maintains a list of eligible historic properties referred to as the historic resources
inventory. The purpose of the list is to inform city staff, decision makers, and the public for
future planning and decision making, and to inform property owners about the potential historic
significance of their properties.
(A)
Application. The property owner or their representative agent may request that the
Director, or his/her designee, re-investigate a resource to determine its eligibility to the historic
resources inventory. An application for re-evaluation of a current OHP historic rating status may
be made in writing, on a form deemed appropriate by the director. The director may require the
requestor to submit information regarding the historic significance of the property, or lack
thereof whichever is applicable, including but not limited to photographs, plans, deeds, and any
other materials that may provide information regarding the property. Re-evaluation of a
property’s historic status may be requested at any time. A fee for filing the request may be
required if so specified in the most current fee resolution.
(B)
Historic Assessment. An intensive-level historic resources survey assessment and the
preparation of applicable DPR523 forms are required in addition to the application form. A
qualified historic preservation professional should conduct the re-evaluation survey and prepare
the historic assessment on behalf of the property owner. The preparation of the historic
assessment shall be in accordance with the requirements of the department’s historic resources
survey guidelines. Property specific assessments may also be required.
(C)
Heritage Committee Review. Upon submittal of the necessary application materials and
review for completion of such material by the director, or his/her designee, the heritage
committee shall consider the matter at their next regularly scheduled meeting. The heritage
committee shall review the application material and consider the property’s current historic
integrity and applicable significance criteria, as outlined in section 25.45.xxx of this chapter, in
determining the appropriate OHP historic status code rating and eligibility for listing on the
historic resources inventory. Based on this determination the heritage committee can recommend
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upgrading or downgrading the current historic status code rating assigned to the property; or
recommend no change to its status rating. Those properties with an OHP status code rating of 6
or lower are not eligible to be place on the city historic register and are not included in the city’s
list of historic resources as defined by CEQA.
(D)
Appeal. Appeal is subject to the provisions of Section 25.05.570 of the municipal code.
An appeal must be filed within fourteen calendar days of the heritage committee determination.
25.45.016
Procedures for the alteration of historic inventory properties (OHP Status 1-5).
(A) Application. An application will be made to the community development department for
the proposed changes.
(B)
Review. The director of community development, or his authorized designee, will review
the proposed changes for compliance with this chapter and will evaluate if the project is
consistent with CEQA and/or if the project requires design review. A historic assessment
prepared by a qualified historic preservation professional may be required in evaluating the
proposed modifications and potential impacts.
(C)
Design Review. If the proposed project is subject to design review, a recommendation
from the heritage committee is required prior to design review. The heritage committee shall
review all material provided as part of the application and approve the proposed project if it finds
the work:
(1)
Complies with the SOI standards; or.
(2)
Does not demonstrate strict compliance with the SOI Standards, but nonetheless
protects and preserves the historic and architectural qualities and the character-defining features
that qualify the property for listing on the city’s historic resources inventory;
(3)
Complies with the goals and policies of this chapter;
(4)
Complies with the goals and policies of the general plan and any applicable
specific plan.
(D)
Determination of Consistency with the SOI Standards.
(1)
The department shall make consistency determinations for insubstantial alterations. Staff
may retain a qualified preservation professional, when necessary, to assist in making the
determination. In making a determination for insubstantial alterations, staff shall ensure that the
integrity of the property is maintained, that all character-defining features are maintained, and
that no change will be authorized that would diminish the historic property’s value or result in a
subsequent determination that it is no longer eligible for listing on the city’s historic resources
inventory. Staff may prepare and process a categorical exemption for the proposed alteration.
Insubstantial alterations that are found not to comply with the SOI standards shall be considered
and processed as substantial alterations requiring an evaluation by a qualified preservation
professional and final action by the heritage committee.
(2)
Consistency determinations for substantial alterations shall require an evaluation by a
qualified preservation professional and review and approval by the heritage committee. Qualified
preservation professionals retained by the city to evaluate proposed alterations to potential
historic resources shall be at the applicant’s expense. The department shall determine whether
the proposed project constitutes an insubstantial or a substantial alteration.
(E)
Administrative Review. Work that may be approved pursuant to administrative review
includes, but is not limited to, the following:
(1)
Any alteration that is not a substantial alteration.
(2)
Maintenance, repair, restoration, or in-kind replacement of severely deteriorated
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architectural features or building components.
(3)
Landscape alterations and installation, including the removal of trees not specifically
designated or listed as a contributing feature of the property.
(4)
Installation or replacement of electrical and/or plumbing equipment, utility work, or other
mechanical and other building systems, including rooftop appurtenances not significantly visible
from a public street and that would result in no change in the general appearance of the historic
property.
(5)
Repair or partial replacement of porches, cornices, exterior siding, doors, balustrades,
stairs, or other trim when the repair or replacement in-kind to match existing material, form, and
general appearance.
(6)
Replacement of severely damaged or deteriorated windows when the replacement is done
in-kind to match the existing materials, type, shape and general appearance.
(7)
Replacement of window panes in-kind or with double or triple glazing so long as the
glazing is clear and un-tinted and the window does not alter the existing window material or
general appearance The replacement of existing archaic or decorative glass is not included in this
exclusion.
(8)
Repair or replacement of roofing, when replacement is done in-kind to match the existing
in form and general appearance.
(9)
Repair or replacement of roadways, driveways, and walkways when work is done in-kind
to match the existing in material, form, shape, style and general appearance.
(10) Addition or replacement of awnings and building mounted signs, if compatible.
(11) Repair or in-kind replacement of historically correct built or cultivated site or landscape
features that are deteriorated, damaged beyond repair, or previously removed, including gates,
fences, walls, hedges, freestanding walls, pergolas, gazebos and planting beds.
(12) Repointing and repainting of bricks on the exterior of a property, with no change in
appearance.
(13) Removal of additions intended to restore the original appearance of a building, structure,
site, or object.
(16) Repainting of exterior surfaces that were originally intended to be painted. No surfaces
that were not intended to be painted shall be painted including unpainted brick, concrete, or stone
surfaces.
(19) Other insubstantial rehabilitation work as determined by the director.
(20) The director may, in his/her sole discretion, decline to administratively review any
application and refer the application to the heritage committee.
(G)
Appeal. The action of the director may be appealed to the heritage committee for their
review and consideration within 14 calendar days following determination of the director. The
action of the heritage committee may be appealed to the city council within 14 calendar days
following determination of the committee.
(F)
Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction
meeting shall occur and shall consist of the property owner, contractor, inspector assigned to
inspect the structure, a city staff member and the project architect/designer. This meeting will be
used to convey the obligations and responsibilities of the property owner and his or her
contractors and architects/designers in protecting and avoiding destruction of the identified
historic fabric that is to be retained.
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25.45.01018 Procedures for demolition.
The following procedures shall be applied to all historic structures listed on the historic register
and those structures listed on the historic inventory with a state status code of 1-5.
(A)
Demolition permits are subject to compliance with the provisions of the California
Environmental Quality Act and Title 14 of this code.
(B)
Applicants for demolition of historic buildings which appear on the city’s historic
inventory or register or as required in this chapter shall make application for a demolition permit
with the department of community development. Application. Applicants for demolition of
historic buildings which appear on the city’s historic inventory or register or as required in this
chapter shall make application for a demolition permit with the department of community
development.
(C)
Upon receipt of the application to demolish, the department of community development
shall, within thirty days, solicit input from the heritage committee prior to scheduling the request
for public hearing before the design review board. Public notice for the design review board
hearing shall be subject to the provisions of Section 25.05.065, except that if a coastal
development permit is required pursuant to Chapter 25.07, noticing for that type of permit shall
instead be carried out through the public notice provisions of Section 25.07.014.
(D)
Design Review Board Action. After the appropriate environmental review, pursuant to
the California Environmental Quality Act (CEQA), the design review board shall receive a
recommendation from the heritage committee and shall address and mitigate the cumulative
impacts of allowing the demolition of structures that contribute to the overall neighborhood
character or streetscape, but which may be individually insignificant. After conducting the public
hearing, the design review board shall take the following action:
Approve permit, subject to a waiting period of up to ninety calendar days to consider relocation
and/or documentation.
(1)
During the waiting period, the applicant shall advertise the proposed demolition in a
paper of general circulation in the city once a month for the first two months following the
design review board’s hearing. Such advertisement shall be one-quarter page in size and shall
include a photograph of the structure, the address at which the structure proposed for demolition
is located, information as to how arrangements can be made for relocation and the date after
which a demolition permit may be issued. Evidence of this publication must be submitted to the
department of community development prior to issuance of a demolition permit.
(2)
Any application for relocation of the structure shall be filed within the specified waiting
period as determined by the design review board.
(3)
The design review board may extend the waiting period up to one hundred eighty days if
it determines that relocation is imminent.
(4)
During the continuance period, the heritage committee may investigate relocation of the
building or modification of the building for future uses in a way which preserves the
architectural and historical integrity of the building.
(5)
During the continuance period, the applicant may pursue plan approval.
(E)
Findings. Prior to the issuance of a demolition permit, the design review board shall make
one of the following findings:
(1)
The action proposed is consistent with the purposes of the ordinance and the historic
resources element of the general plan; or
(2)
There are no reasonable alternatives to demolition. (Ord. 1577 § 11, 2013; Ord. 1555 §
11, 2011; Ord. 1458 § 1, 2006; Ord. 1179 § 5, 1989).
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25.45.020
Proposed demolition, relocation, or substantial alteration of a potential historic
resource that is forty-five years old or older.
(A)
Permit Consideration. If a permit is sought to demolish, relocate, or substantially alter a
building or structure that was constructed at least forty-five (45) years prior to the date of
application for such work, and that building or structure is not currently on the city’s historic
register or historic resources inventory, is not the subject of a pending nomination, has not been
nominated for listing on the register or reviewed pursuant to this section within the past three
years, the permit application shall be referred to the director to make a preliminary determination
whether the building or structure should be included in the historic resources inventory and
considered a historic resource pursuant to this chapter. Such work shall be subject to a forty-five
(45) day holding period prior to the issuance of permits. Permit applications may be processed,
but no final action shall be taken until after the forty-five day period has ended. The director may
waive the forty-five day holding period if the director, or his/her designee, determines the
property is not eligible for inclusion onto the historic resources inventory, or that the proposed
work would not alter any character-defining features, or that the work would comply with the
SOI standards.
(B)
Director Preliminary Determination. Within forty-five (45) days of receipt of an
application to demolish, relocate, or substantially alter a building or structure under subsection
(A) of this section, the director shall make a preliminary determination of whether the property is
eligible for inclusion on the historic resources inventory. In making this preliminary
determination, the director, or his/or her designee, shall apply the eligibility criteria and factors
specified in section 25.45.008 (C). The director may require a historic assessment prepared by a
qualified historic to evaluate the property. If the director, or his/her designee, finds the property
eligible for inclusion onto the historic inventory it shall be subject to section 25.45.016 of this
chapter. If the director, or his/her designee, determines that the property is not eligible for listing
on the historic inventory, the permit to demolish, relocate, or substantially alter the building or
structure shall be issued without further restrictions under this chapter. The decision of the
director that that property is ineligible for inclusion onto the historic resources inventory shall be
final and shall not be subject to appeal.
(C)
Appeal. The decision of the director that the property is historically significant may be
appealed to the city council within 14 calendar days following determination of the director. An
appeal shall be filed with the city clerk.
25.45.022006 Historic register register and structure of merit preservation incentives.
Structures listed on the city’s historic register and those designated as a structure of merit are
eligible to apply for the following preservation benefits. The consideration of benefits shall occur
at a public hearing and the granting of any benefit shall be conditioned upon the recordation of a
written agreement between the city and property owner that ensures preservation of the
building’s historic character. The notice of public hearing shall include notice that the applicant
is requesting approval of historic preservation incentives and what those requested benefits are.
(A)
Parking. The following benefits are subject to design review board approval, except when
a conditional use permit is required, in which case the city council shall be the final approval
authority, upon recommendation by the planning commission. The planning commission shall
consider recommendations of the heritage committee.
(1)
Historic single-family dwellings that are nonconforming due to substandard parking shall
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not be required to provide parking in accordance with Chapter 25.52 of this title when additions
are proposed, provided that such additions do not exceed more than fifty percent of the original
existing square footage of the structure and that at least one covered parking space has been
provided on-site. When a second residential unit is being added to a historic structure under the
provisions of Chapter 25.17 (Second Residential Units), parking shall be in accordance with the
requirements of that chapter unless modified by the city council for purposes of achieving the
goals of the historic preservation ordinance.
(2)
Historic multiple-family dwellings that are nonconforming due to substandard parking
shall not be required to provide parking in accordance with Chapter 25.52 when additions are
proposed, provided that such additions do not exceed more than fifty percent of the original
existing square footage of the structure and that at least half of the parking spaces required in
Chapter 25.52 have been provided.
(3)
“E” rated historic structures located in commercial zones may be granted a conditional
use permit to allow a reduction in parking requirements up to a maximum of seventy-five percent
based on the degree to which the historic character of the building is preserved and/or enhanced.
The historic character of the building shall include exterior and visible interior elements if, and
only if, integral to the historic building design.
(4)
Historic structures located in commercial zones and which have “K” or “C” ratings may
be granted a conditional use permit to allow a reduction in parking requirements up to a
maximum of fifty percent based on the degree to which the historic character of the building is
preserved and/or enhanced. The historic character of the building shall include all exterior and
visible interior elements if, and only if, integral to the historic building design.
(B)
Building Permit and Planning Application Fees. All building permit and planning
application fees for structures placed on the historic register will be refunded for those projects
if, prior to the finalization of the building permit, the heritage committee finds the changes are
consistent with approved plans and preserve the historic character of the subject building.
(C)
Building Code Deviations. The city may allow deviations from Title 14 of this code
requirement when findings can be made by the director of community development that the
historic building is in conformance with the state of California Historical Building Code.
(D)
Additions to Historic Commercial Structures. Historic commercial structures may add up
to fifteen percent of the existing floor area, not to exceed five hundred square feet, without
providing additional parking and without bringing any existing nonconformities into compliance
with current zoning regulations, subject to review and approval by the design review board. The
addition must be removed if the historical building is removed from the historic register.
(E)
Setback Flexibility. Additions to historic structures shall be allowed to maintain setbacks
up to the line of existing encroachments; provided, that all setbacks as required by the Uniform
Building Code are maintained for new construction.
(F)
Density Bonuses. Historic structures located in the local business professional zone and
in the downtown specific plan area may be eligible for residential density bonuses. See Section
25.18.002(O) and the downtown specific plan for applicable provisions.
(G)
Official Recognition. Properties on the historic register shall be eligible for special
designation plaques.
(H)
Financial Incentives. Owners of properties rated “K” or “E” on the historic register (OHP
status codes 1-5) are eligible to apply for a Mill’s Act contract. Owners of any historic property
listed on the historic register are eligible to apply for any other local, state and national financial
benefits, if any.
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(I)
Relief from Nonconforming Structure Requirements.
(1)
Structures listed on the historic register may be allowed to add more than fifty percent of
the original structure without bringing existing nonconformities into compliance if it is
determined that such an addition will not diminish or detract from the historic significance of the
original structure, and if such addition is found to be compatible in scale and character with the
surrounding neighborhood.
(2)
Properties located in multifamily zones (R-2 and R-3), where only one unit currently
exists, may apply for additional units without bringing existing nonconformities into
conformance, if it is determined that the additional unit will not diminish or detract from the
historic significance of the original structure, and if such additional unit is found to be
compatible in scale and character with the surrounding neighborhood. Requests for this benefit
shall be subject to approval by the design review board with recommendation of approval
provided by the heritage committee. (Ord. 1458 § 1, 2006; Ord. 1309 § 2, 1995; Ord. 1179 § 5,
1989).
25.45.024
Historic property disclosure.
(A)
For purposes of this section, the following terms shall have the meanings set forth below:
(1)
“Buyer” means a transferee in a real property transaction, and includes a person who
executes an offer to purchase real property from a seller through an agent, or who seeks the
services of an agent with the object of entering into a real property transaction. “Buyer” includes
vendee or lessee.
(2)
“Offer to purchase” means a written contract executed by a buyer acting through a selling
agent which becomes the contract for the sale of the real property upon acceptance by the seller.
(3)
“Owner” means any person, co-partnership, association, corporation, or fiduciary having
legal or equitable title or any interest in real property.
(4)
“Real property transaction” means a transaction for the sale of real property in which an
agent is employed by one or more of the principals to act in that transaction, and includes a
listing or an offer to purchase.
(5)
“Sale” means a transaction for the transfer of real property from the seller to the buyer,
and includes exchanges of real property between the seller and buyer, transactions for the
creation of a real property sales contract within the meaning of California Civil Code section
2985, and transactions for the creation of a leasehold exceeding one year’s duration.
(6)
“Selling agent” means a listing agent who acts alone, or an agent who acts in cooperation
with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent
who locates property for a buyer or who finds a buyer for a property for which no listing exists
and presents an offer to purchase to the seller.
(B)
If real property has been included in the historic register or the historic resources
inventory by the city of Laguna Beach, the owner or the selling agent of the property shall, in
any real property transaction, provide the buyer of the property with notice informing the buyer
of the property’s historic status. The owner or the selling agent shall provide the notice to the
buyer before expiration of any inspection contingency period, and in any event before transfer of
title.
(C)
Any person who violates the provisions of this section shall be subject to the penalties
and remedies specified in chapter 14.76.090 of the municipal code.
(D)
The disclosure requirements of this section shall not apply to real estate transactions
subject to Civil Code section 1102.2 or any successor or amended section of that code.
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25.45.02612 Unsafe or dangerous conditions.
None of the provisions of this chapter shall be construed to prevent any demolition
necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof,
when such condition has been declared unsafe or dangerous by the building official or the fire
chief and where the proposed measures have been declared necessary by such official to correct
such conditions. However, only such work as is necessary to correct the unsafe or dangerous
condition may be performed. In the event any structure or other feature shall be damaged by fire
or other calamity, the building official may specify, prior to the commission’s review, the
amount of repair necessary to correct any unsafe conditions. (Ord. 1458 § 1, 2006; Ord. 1179
§ 5, 1989).
25.45.028
Property owned by public agencies.
(A)
Public agencies which own property in the city shall be notified of the provisions of this
chapter and encouraged to seek the advice of the heritage committee before the construction,
alteration, demolition, or relocation of any potential historic resource.
25.45.032
Property maintenance required.
(A)
The heritage committee and city council intend to preserve from deliberate or inadvertent
neglect the exterior portions of any property listed on the city’s historic register and all interior
portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion.
No owner, lessee, or occupant of any listed property shall fail to undertake such repairs or
maintenance as are necessary to prevent significant deterioration of the exterior of the property
beyond the condition of the property on the effective date of the listing by the heritage
committee.
(B)
No owner, lessee, or occupant of any listed property in the city’s historic register shall
fail to comply with all applicable provisions of this code and other ordinances of the city
regulating property maintenance, including, without limitation, weed control, garbage, and
housing.
5.45.030 Property maintenance required.
(A)
The heritage committee and city council intend to preserve from deliberate or inadvertent
neglect the exterior portions of any property listed on the city’s historic register and all interior
portions thereof whose maintenance is necessary to prevent deterioration of any exterior portion.
No owner, lessee, or occupant of any listed property shall fail to undertake such repairs or
maintenance as are necessary to prevent significant deterioration of the exterior of the property
beyond the condition of the property on the effective date of the listing by the heritage
committee.
(B)
No owner, lessee, or occupant of any listed property in the city’s historic register shall
fail to comply with all applicable provisions of this code and other ordinances of the city
regulating property maintenance, including, without limitation, weed control, garbage, and
housing.
(C)
Before the city attorney files a complaint in municipal court for failure to maintain the
property on the listed site, the heritage committee or the director, or his/her designee, shall notify
the property owner, lessee, or occupant of the need to repair, maintain, or restore the property,
and shall give the owner a minimum of thirty days to perform such work.
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25.45.32014 Illegal demolition Penalty for violations.
(A)
The removal or demolition of any structure listed on the historic register without an
approved demolition permit shall result in a five-year stay in the issuance of a building permit for
any new construction at the site previously occupied by the historic structure.
(B)
The removal or demolition of any structure listed on the historic inventory without an
approved demolition permit shall result in a two-year stay in the issuance of a building permit for
any new construction at the site previously occupied by the historic structure.
(C)
In addition to the repayment or restoration provisions of Section 25.45.004(F) of this
chapter, any person who partially demolishes a structure listed on the city’s historic inventory or
historic register may be subject to an administrative penalty of up to one hundred thousand
dollars for each violation. The determination of the application of this provision and the amount
of the penalty fee shall be determined at a public hearing by the city council upon
recommendation from the heritage committee. The determination shall be based on the extent of
the partial demolition and the benefits received, including setback and parking incentives. (Ord.
1458 § 1, 2006; Ord. 1179 § 5, 1989).
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